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About DWI PTD

DWI PTD is a diversion program for low-risk first time DWI offenders that occurred after January 1, 2021. DWI 2nd cases, cases with a BAC over .20, and cases involving certain collisions are not eligible for this program. All other DWI’s will be reviewed on a case-by-case basis. Please note accepted participants must enter into a plea agreement waiving their right to a jury trial and statute of limitations. There will no longer be a program fee or supervisory fee assessed. This is to remove the financial barrier to diversion.

Application Process

Applications for DWI PTD will be reviewed before the case is filed.
Attorneys must apply within six months of the arrest date.
Applications can be uploaded through the DIVERSION PORTAL or emailed to Christina Rojas
Before admission, the applicant will be referred to Travis County Counseling and Education Services (CES) for an assessment including but not limited to a Driver’s Risk Inventory evaluation.
The assessment will be at the applicant’s own expense and must be paid for at the time of the assessment. The assessment cost is expected to be $55.00 and is not refundable, even if the applicant is not approved for participation in the program.
The application will not be evaluated until BOTH the DWI PTD application and the DRI evaluation have been completed and submitted through the DIVERSION PORTAL
If it is determined that the applicant is not appropriate for this program, they should consider DWI Court or resolving this case through another avenue.
If the application is accepted the participant’s attorney will receive an email with further instructions and program documents.

Additional Documentation

MOTION TO MODIFY BOND - For approved DWI cases, an agreed motion to modify bond conditions to include a monitoring device of the participant’s choice to be paid by the participant directly to the vendor
JURY WAIVER – Participants in DWI PTD must agree to a Jury Waiver.
PLEA AGREEMENT – Participants agree to either TIME SERVED on a CLASS B DWI OR 12 month Deferred Adjudication/Probation on a class B DWI with CES +MADD+ 6 months alcohol monitoring - in the event that they are removed from the program for non-compliance or is otherwise unsuccessful.

Requirements for graduation from DWI PTD

Judge Bianca Garcia in County Court at Law #3 will supervise the cases. Cases will be set for virtual status conferences at the 3, 6, and 12-month mark to monitor compliance and for the ACA’s to determine program completion. Program length is 12 months with consideration for early discharge at 6 months on a case by case basis.
1. Attorneys and participants must attend all virtual check in sessions in County Court at Law 3 Zoom Docket
2. Complete ALL CES recommendations during the length of the program
3. Complete a MADD Victim Impact Panel
4. Community Service will be required on a case-by-case basis
5. Maintain an alcohol monitoring device for at least 6 months with ZERO violations

Reconsideration Process

All requests for reconsideration of denial of admission or program violations must be made in writing and submitted via e‐mail to TCAPTD@traviscountytx.gov with “Request for Reconsideration” in the subject line. The attorney submitting the “Request for Reconsideration” must include the cause number, an explanation for the reconsideration, and any documentation to support the request. All requests must be submitted within fifteen (15) business days of receipt of notice of denial or revocation. All requests will be reviewed and a decision rendered by either the First Assistant County Attorney or the Trial Director, at the County Attorney’s discretion. Neither the Accused nor the attorney has a right to a formal hearing on the matter. Extrinsic evidence in support of the attorney’s request is limited to documentation attached to the Request for Reconsideration. The attorney will receive a written response after the reconsideration is complete, and all decisions are final.

*Attorneys should upload CES, COMMUNITY SERVICE, and MADD VIP certificates to the DIVERSION PORTAL

Upon successful completion, the County Attorney’s office will reject the unfiled case and agree to an early expunction.